Legal Question in Medical Leave in California

Risk of Termination for Medical Problems

Over the past few months I have had an increasing number of medical problems which the doctor's relate to job stress (downsizing, increased work load, long hours, etc). I have just started treatment on medication which side effects have caused me to be ill and alert management of my medical condition (only verbally).

I would like to keep working rather than go on medical leave, but a major layoff is pending and management knows of my medical issues. My fear is being terminated while undergoing expensive medical treatments and losing my insurance--as management knows I am ill and therefore a risk.

If I am terminated for company ''restructuring,'' do I have any recourse, or am I better to play it safe and go on disability until I am feeling better and avoid the risk?

Also, what are the rules for looking for work or interviewing while under disability?


Asked on 7/27/01, 12:52 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Risk of Termination for Medical Problems

First and foremost, your health should be your top priority. If your doctor is concerned that continuing to work could put you at risk, it should be a no brainer. Follow your doctor's advise. If your job caused your illness, you are eligible for workers compensation and should see a workers comp. attorney for more specific advice. Alternatively, you may be eligible for family leave, where the employer must give you up to 12 weeks off. You may use up all accrued sick and vacation pay, but the employer does not have to pay you while out on family leave. Many employers provide short term disability insurance. This usually suplements what you would receive from state disability. Check into that as well. Finally, while it is illegal for an employer to discriminate against persons who suffer from qualified disabilities and must comply with family leave laws, that does not mean you may not be laid off, if it would have happened anyway, for legitimate reasons, such as the need to go through a massive layoff. Make sure the company follows its layoff procedures properly if this should happen.

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Answered on 7/27/01, 2:06 pm


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